Legal Question in Real Estate Law in Arizona

I live in Yavapai County AZ on a property that shares a privacy wooden fence with a neighbors property. According to hearsay from this same neighbor the fence was built over 20 years ago. Supposedly it was built and placed 2 feet inside her property line by the previous owner of her property per an agreement by the previous owner of my property. She inherited the property from the previous owner when he died about 3 years ago and has been paying taxes on this property since then. The fence in question is used by me as portion of my entire fenced yard. Her property is not entirely fenced. I have a garden that is up against the fence and have helped maintain the fence by painting and reinforcing sagging sections. She has informed me she wants to remove the existing fence and replace it with chain link. She is willing to pay a surveyor to establish the actual legal property line. I do not want a chain link fence. I want a privacy fence. The fence is about 150 to 200 feet long and she has the materials and labor to replace it with chain link at no cost to her. I am willing to give up the 2 feet if necessary but I cannot stand the thought of a chain link fence between our properties. She has a junky yard which I don't want to be subject to looking at and I want to maintain my privacy. I have spoken to her regarding my concerns about the privacy issue and she is willing to consider but I would like to know what my rights are concerning this issue. thanks for any advice.


Asked on 3/27/14, 8:07 pm

1 Answer from Attorneys
Riley Snow The Law Office of Riley S. Snow PLC

In order to guarantee a privacy fence, you would need to reach an agreement with your neighbor to install slats in the chain link or share in the cost of other fence materials. Alternatively, you could construct your own fence in front of the chain link if your neighbor does not want to build anything else.

It appears you have zeroed in on your possible adverse possession claim to the two feet immediately before the fence. You may be able to legitimize your title to this two feet, but you have no legal rights that can prevent your neighbor from constructing the fence of her choice. Unless there is some ordinance or regulation prohibiting the use of chain link fences in your area, your best bet would be to work with your neighbor and cost share on an alternate solution that maintains your privacy.

If you would like my assistance in preparing a fence line agreement or in legitimizing your adverse possession claim, please feel free to contact me.

Riley Snow

(480) 477-6311

[email protected]

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Answered on 4/02/14, 6:01 am


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